
Business Law Attorneys for
Banking and Financial Institutions
Practical and actionable advice rooted in a deep understanding of your business.
The attorneys of Dalton & Tomich have over eighty years of collective experience successfully representing banks, credit unions, mortgage companies, individual creditors, court-appointed receivers, and bankruptcy trustees in a wide range of transactions and litigation. The Banking and Financial Institutions team is prepared to offer you extraordinary and timely legal advice on a wide range of topics, including:
Commercial Loan Transactions
- Document Review
- Loan Origination
- Risk Assessment
- Loan Closing
- Lien Perfection
Regulatory Advice
Compliance with state and federal regulations, including:
- FDCPA
- FCRA
- ECOA
- TILA
Defensive Litigation
Financial institutions occasionally face complaints or counterclaims that require a strong defense. Our experience in and out of the courtroom on behalf of similar institutions allows us to provide extraordinary representation to defend against lender liability, consumer protection, lien priority, and other claims.
Enforcement Litigation
Even the most conservative lenders encounter borrowers who fail to comply with contracts, whether payment defaults or breaches of covenants or other material terms. Our collections litigation experience enables us to obtain recovery effectively and efficiently, through:
- Pre-suit demand
- All stages of litigation, including:
- Complaints
- Discovery
- Motion Practice
- Trials
- Judgments
- Appeals
- Judgment enforcement
Loan workouts
Many loan defaults can be worked out prior to or during litigation. Our attorneys have extensive experience partnering with special assets groups in successful negotiations, forbearance agreements, and change in terms agreements.
Foreclosures
Our team has the expertise to efficiently and effectively service defaults involving real property collateral, including
- Judicial and Non-Judicial Foreclosures
- Commercial and Residential Real Property
Creditor bankruptcy
Our experience representing creditors, debtors, and trustees in all stages of bankruptcy, adversary proceedings, and contested matters enables us to maximize your options and potential recovery from debtors who owe you money.
From the Blog
CFPB Opposition Grows thanks to Small Business Lending Rule
As I wrote recently, the Supreme Court will have an opportunity to kill off the Consumer Financial Protection Bureau (CFPB) next term when it considers the Fifth Circuit’s decision striking…
Navigating Employment Law in Michigan: 5 Key Issues Small Business Owners Need...
As a Michigan small business owner, it is essential to understand and comply with employment laws to avoid costly legal disputes and maintain a positive work environment. Employment-related disputes are…
Safeguarding Your Small Business: Protect Your Intellectual Property and Avoid Risks
Many small business owners fail to appreciate the significance of protecting their intellectual property (IP)—or even have a full grasp of what IP they own. The same goes for understanding…
Avoiding Business Disputes When the Founder's Children Take Over: A Practical Guide...
For many business owners, the most attractive and aspirational succession plan is to pass the family business on to their children. However, passing a business down to different generations can…
Employers and Creditors take heed of Appellate Court's Garnishment Opinion
A recent published decision from the Michigan Court of Appeals affects our clients in two different categories—employers and creditors. First, a basic refresher. A writ of garnishment is a tool…
WILL THE SUPREME COURT KILL THE CFPB?
As part of the administration’s push to curb excessive fees, the Consumer Financial Protection Bureau is proposing drastic reductions to fees charged to consumers by credit card companies. If approved,…
IS A BANK'S COLLAPSE A SIGN OF THINGS TO COME?
Almost a year ago, I wrote about businesses and their creditors preparing for a possible recession. If we judged the economy solely by the cryptocurrency industry, we would have said…
A STATE AWASH IN WEED . . . AND AN INDUSTRY AWASH...
Michigan voters approved medical marijuana in 2008 and its recreational use in 2018. The Great Lakes State is purportedly the third largest market for cannabis in the country, after California…
Employers Beware: U.S. Supreme Court Rules that Highly Compensated Employees May be...
In a ruling that caught many employers by surprise, the U.S. Supreme Court recently held that an employee who earned more than $200,000 per year was nonetheless entitled to overtime…
The Burden is on Employers When it Comes to Binding Employees to...
When a big company hires a new CEO or other top executives, lawyers get involved and an often long and complicated employment contract gets hammered out. For the average small…